Legal


Legal notices, Disclaimers, Privacy

Website Terms of Use

By accessing this website you agree to these terms and conditions (the"Terms"). If you do not agree to them you may not use this website and should leave it immediately.

We may from time to time change these Terms at our sole discretion. By using this Website after any such change(s), you agree to comply with, and be bound by, the Terms as changed.

Copyright and Trade Marks

All photographs and images are likely to be subject to copyright conditions unless otherwise stated. If you are given license to use, print or share photographs they are still unless specifically stated subject to copyright law and accordingly restrictions upon use and dissemination apply. Contact us for more information

All content available on the Website, including, but not limited to, text, graphics, logos, button, icons, images, audio clips, data compilations, and software, and the compilation thereof (the "Content") is the property of ourselves, our affiliates, our partners or our licensors, and is protected by Australian and international copyright laws.

The trade marks, logos, and service marks displayed on the Website (collectively, the "Trade Marks") are the registered and unregistered marks of ourselves, our affiliates, our licensors or our partners, in Australia and other countries, and are protected by Australian and international trade mark laws. All or any other trade marks not owned by us, our affiliates, our partners or our licensors that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

Except as set forth in the limited licence in the section entitled "Limited Licence" below, or as required under applicable law, neither the Content, the Trade Marks, nor any other portion of the Website may be used, reproduced, duplicated, copied, sold, resold, accessed, modified, or otherwise exploited, in full or in part, for any purpose without our prior written consent.

Limited Licence

We grant you a limited, revocable, and non-exclusive licence to access and make personal use of the Website. Please note that you may not frame, link to, or utilise any framing or linking techniques to enclose the Website or any portion thereof without our prior written consent which may be withheld in our absolute discretion.

The limited licence set forth in this section does not include the right to:

a. modify or download the Website or its contents (except caching or as necessary to view content);
b. make any use of the Website or its Content other than personal use;
c. create any derivative work based upon either the Website or its Content;
d. collect account information for the benefit of another party;
e. use any meta tags or any other "hidden text" utilising our name or the Trade Marks without our express written consent; or
f. use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure.

You are granted a limited, revocable, and non-exclusive right to create a hyperlink to the home page of the Website for personal, non-commercial use only. A website that links to our Website may:

a. link to, but not replicate, our Content;
b. not imply that we are endorsing such website or its services or products;
c. not misrepresent its relationship with us;
d. not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages;
e. not portray us or our products, services or Items, in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate us with undesirable products, services, or opinions;
f. not use any Trade Mark without our prior written consent; and
g. not link to any page of the Website other than the home page. We may, in our sole discretion, request that you remove any link to the Website, and upon receipt of such request, you shall immediately remove such link.

Any unauthorised use by you of the Website terminates the limited licence set forth in this section without prejudice to any other remedy we may have provided for by applicable law.

Third Party Links

We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and Terms . You should carefully review the Terms and privacy policies of all off-Website pages and other websites that you visit.

Representations and Warranties: Limitations of liability

The site is provided on an "as is" and on an "as available" basis. To the fullest extent permissible by applicable law, we make no representations or warranties of any kind whatsoever, express or implied, including but not limited to warranties of satisfactory quality, non-infringement or fitness for a particular purpose, as to the operation of the site or the information, content, graphics, links, materials, products, or services included on the site, or their accuracy, reliability, completeness or timeliness.

You agree that, to the fullest extent permitted by applicable law, we will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances, for any

a. interruption of business;
b. access delays or access interruptions to the Website;
c. data non-delivery, mis-delivery, corruption, destruction or other modification;
d. loss or damages of any sort incurred as a result of dealings with or the presence of off- Website links on the Website;
e. computer viruses, system failure or malfunction which may occur in connection with your use of the Website, including during hyperlink to or from third party websites;
f. any inaccuracies, omissions, currency miscalculation information or misleading, false or deceptive statement in the content;
g. Any misunderstanding arising from the layout of product labelling on the Website and/or on the products sold via the Website or product labelling inaccuracies on all products;
h. events beyond our reasonable control; or
i. Any third party delivery delays outside our stated delivery times that our outside our reasonable control.

Further, to the fullest extent permitted by law we will not be liable for any direct, indirect, special, incidental, or consequential damages of any kind (including lost profits) related to the Website regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum aggregate liability exceed one hundred Australian Dollars (AUD $100.00). Because some countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries, our liability is limited to the maximum extent permitted by applicable law.

Disputes

To the fullest extent permitted by applicable law, any dispute relating in any way to your visit to the Website and any purchase by you of any Items from ourselves shall be submitted to confidential arbitration in Australia, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in the Australian Courts, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the International Chamber of Commerce. The arbitrator's award shall be binding and may be entered as a judgement in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise. To the extent arbitration is not permitted by applicable law, any dispute relating in any way to your visit to the Website shall be submitted to an appropriate court or other judicial body in Australia, and all applicable provisions of this section shall apply.

General

You acknowledge and agree that these Terms, together with our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Website and any purchase by you of any Items from ourselves, and supersede and govern all prior proposals, agreements, or other communications.

If any provision of these Terms is held to be illegal, invalid or unenforceable in whole or in part, then these Terms shall continue to be valid as to the other provisions and the remainder of the affected provision. Any waiver of any of the provisions of these Terms by Ourselves shall not be deemed a waiver of any subsequent breach or default and shall in no way affect the other provisions of these Terms.

No failure to exercise and no delay on the part of either party in exercising any right, remedy, power or privilege of that party under these Terms and no course of dealing between the parties shall be construed or operate as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power or privilege preclude any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. The rights and remedies provided by these Terms are cumulative and are not exclusive of any rights or remedies provided by law. Time shall not be of the essence of these Terms as regards any of the times, dates and/or periods mentioned herein.

Nothing contained in these Terms shall be construed as creating any agency, partnership, or other form of joint enterprise between us.

We reserve the right to change these Terms at any time and we encourage you to revisit these Terms periodically to ensure that you are at all times fully aware of our Terms. Any changes are effective immediately upon posting to the Website. Your continued use of the Website constitutes your agreement to all such Terms.

We may, with or without prior notice, terminate any of the rights granted by these Terms. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Website.

We reserve the right to refuse to supply Items to any person for any reason whatsoever, to withdraw any Items from the Website at any time and/or remove or edit any materials or content on the Website. We will not be liable to you or any third party by reason of our withdrawing of any Items from this Website whether or not such Items have been sold; removing or editing content on the Website; refusing to process a transaction or unwinding or suspending any transaction after processing has begun.

If you have any questions regarding these Terms, please contact us.

Governing Law

Your use of this Website and any purchase by you of any Item from Ourselves shall be governed by Australian law and you hereto submit to the exclusive jurisdiction of the Australian courts.


Disclaimers

The Cavell Groups’ website, website content and associated files, training workshops, programs, products and services have been and continue to be formulated from a range of research and open source intelligence. Except as is permitted under the principles of “fair use” no part of this website, associated files, graphics, training, products or service may be reproduced in any form, stored in a database or distributed in any form by any means, mechanical or electronic, without the prior written permission of the Cavell Group.

Although great care has been taken in the formulation of this website, its associated files, graphics and related training, products and services, its content in total or any part, the information, service, product or intelligence analysis, the fluid nature of our work and the regions with which information is collated, and the integrity of some local information preclude us from guaranteeing its accuracy. The Cavell Group and all its agents will not be responsible for any errors or omissions or for any loss or damage suffered by any persons as a result of any information written or implied by any agent, instructor, consultant or operative of the Cavell Group.
 
All information is harvested and supplied ‘as is’ with no guarantee of completeness, accuracy or timeliness or of the results associated from the use of this information, and without warranty of any kind whether express or implied, including but not limited to fitness for a particular purpose, non infringement, and security.

These terms and conditions have been construed and shall be governed in accordance with the laws of Australia. Any dispute arising shall be subject to the exclusive jurisdiction of the courts of Australia.

Services

Certain services may be subject to restricted access or the vetting of persons associated with the service in the interest of security. Services may be subject to confidentiality agreements and service agreements as required.


Privacy

The Cavell Group prides itself on its integrity and confidentiality and will not disseminate any information about you, your service requirements or activity on this site without authorisation.

When using thecavellgroup.com website our information technology systems may automatically collate information about IP addresses, domains, browsers and activity details associated with site visits. However, this information remains confidential and is not shared with any party without authorisation. The Cavell Group will not use any such information to identify individuals or their internet activity and only uses such information to continually improve our internet information tools.

The Cavell Group will only manage and store personal or service information that you willingly supply. No personal information is disseminated to any third party without authorisation.

The Cavell Group repsects your privacy and operates a strong privacy and anti-spam policy.

 

Training Disclaimers

Our training programs are formulated around our extensive experience, research, risk analysis and intelligence. Intelligence can be fluid and accordingly training content may change regularly and at short notice without notice to clients. All attendees attend all training programs and workshops at their own risk and The Cavell Group and its staff and associates shall not be responsible for any loss, damage, injury or condition arising from, or as a consequence of training programs or actions/instruction including course content. Programs can be very intensive and may involve conditioning, psychological stress, fatigue, disorientation and intense physcial activity and attendees and employers must be sure attendees are adequately prepared and suitable for training programs. Attendees may be required to sign disclaimers.

Fees for training are normally payable in advance on invoice by Bank Transfer and are transferable (within 12 months of payment), but not refundable.  

Credit Cards are not accepted. 

Copyright The Cavell Group 2014 all rights reserved.
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